M/S.Archer Power Systems Pvt v. National Company Law Tribunal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2017

CORAM

THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.15946 of 2017 & W.M.P.No.s 17257 & 17258 of 2017 M/s.Archer Power Systems Pvt Ltd.

403L, Pantheon Road Egmore, Ch- 600 008 Now at : 3rd Floor Block, A .No.29, Dr. Radhakrishan Road Mylapore Chennai- 600 004 Rep.by its Director Rohit Rabindernath ... Petitioner vs.

1 National Company Law Tribunal Chennai Bench Rep.by its Assistant Registrar Corporate Bhavan, Rajaji Salai Chennai-01.

2 Cascade Energy Pte Ltd.

Having its registered Office at 203 Hougang Street No.03-73 Singapore - 530 203.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the 1st respondent in CP /19/2017, dated 14.06.2017 and quash the same as illegal. arbitrary and against the principles of natural justice.

For Petitioner : Mr.Arvind Pandian, Senior Counsel for Mr.M.Sricharan Rangarajan For Respondents : Mr.J.Sivanandaraj, Senior Counsel for Mr.V.Sankara Narayanan - for

O R D E R

Mr.Arvind Pandian, learned Senior Counsel appearing for the petitioner submitted that the appeal filed by the petitioner before the National Company Law Tribunal, New Delhi though https://hcservices.ecourts.gov.in/hcservices/

listed as item No.9 in today's list, since there is no sitting of the Tribunal today, the matter has been adjourned to 14.07.2017. However, the learned Senior Counsel, sought permission of this Court to withdraw the Writ petition with liberty to prosecute the appeal before the Tribunal. The learned counsel also made an endorsement to that effect.

2. The writ petition cannot be allowed to continue for the reason that the petitioner had already filed an appeal before the Tribunal challenging the impugned order.

3. In view of the same, the Writ petition stands dismissed as withdrawn. It is open to the petitioner to prosecute the appeal filed before the National Company Law Tribunal, New Delhi, in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Rj To 1 The Assistant Registrar National Company Law Tribunal Chennai Bench Corporate Bhavan, Rajaji Salai Chennai-01.

2 Cascade Energy Pte Ltd.

Having its Registered Office at 203 Hougang Street No.03-73 Singapore - 530 203.

+1cc to Mr.V.Sankaranayaranan, Advocate SR.No.48279 +1cc to Mr.Srichavan Rangarajan, Advocate SR.No.48224 W.P.No.15946 of 2017 & W.M.P.No.s 17257 & 17258 of 2017 https://hcservices.ecourts.gov.in/hcservices/